A very royal revocation – what Andrew Mountbatten-Windsor’s firearms licence teaches us about appeals

The news has broken this morning that Mr Andrew Mountbatten-Windsor (as now so styled) was visited by the Metropolitan Police on 19 November to request that he ‘voluntarily surrender’ both his Firearms and Shotgun certificates – which it appears he did.

Whilst there is no evidence currently that his licences were formally revoked by the Police (despite some sensationalist media claims), such a request from the Police will usually arise where there are significant concerns about public safety, the licence-holder’s wellbeing, or the licence-holder being a ‘fit and proper person’ to be entrusted with firearms.

Whilst this story may seem like niche trivia for anyone not obsessed with royal mishaps or the world of shooting, it offers us a useful window into how firearms licensing enforcement and appeal rights work in England and Wales — especially when things go awry.

How does firearms and shotgun licensing work?

Under Section 1 of the Firearms Act 1968, individuals are required to hold a valid firearm certificate to possess, purchase, or acquire firearms (usually rifles) and ammunition. Section 2 also makes it a requirement for individuals to hold a valid shotgun licence to possess a shotgun.

Firearms and Shotgun certificates are managed and granted on behalf of the Chief Officer of Police for the area in which the applicant resides (or as here the Met Police, given their responsibility for Royal and Diplomatic Protection).

Generally speaking, the conditions for granting a Firearms/Shotgun licence are similar, and are set out at Sections 27 and 28. In short, the Chief Office of Police must be satisfied that the applicant is fit to be entrusted with a firearm/shotgun, has a good reason for possessing it, and poses no danger to public safety or peace.

Considerations which may result in a refusal to grant a licence, or a licence being revoked, may include offences of violence or dishonesty, incidences of domestic abuse, mental health concerns, or even matters as simple as unpaid debts.

Importantly, the Home Office Guidance on licensing makes it clear that there is no need for an individual to have been convicted of an offence in the criminal courts for that same conduct to be taken into account for licensing. The licensing decision is not the same as a criminal prosecution, and a much lower standard of proof applies. Importantly, the Chief Officer of Police is entitled to take into account any relevant information and intelligence when weighing up their decision.

In the current case, whilst Mr Mountbatten-Windsor has not been charged or convicted of any offences (i.e. any conduct cannot be proven beyond reasonable doubt), that does not preclude the Chief Officer of Police from concluding that on the balance of probabilities there is a risk of harm, and so requiring the surrender of licences.

How can a refusal or revocation be appealed?

Where the Chief Officer of Police makes a decision to refuse to grant a licence, or to revoke an existing licence, the applicant has the right to appeal the decision to the Crown Court in accordance with Section 44.

Any appeal to the Crown Court must be filed within 21 days of receiving the notice of decision from the Police – a strict time limit which must be complied with to enable an appeal to be heard.

Upon appeal, the Court will consider all available matters and evidence when determining the appeal on its merits. Any decision by the Court is made ‘afresh’ and not by way of a review of whether the Chief Officer of Police was right or wrong. Upon determination, the Court may either dismiss the appeal, or order that a licence is reinstated (possibly with conditions or variations).

Separately, if the decision not to grant the licence was unlawful, improper, or manifestly unreasonable, then the applicant may also have the option of bringing a Judicial Review against the decision before the High Court as an alternative to a Section 44 regulatory appeal.

How can Ellis Jones help?

Our team of Regulatory Disputes experts are well-versed in dealing with appeals against regulatory and licensing decisions, and have an excellent track record of challenging decisions in respect of Firearms and Shotgun Licences.

If you have had your application refused, or your licence revoked, or are concerned about how an incident or issue might impact upon your licence or application, please contact our specialist team by email or telephone and we would be happy to help.